Patna High Court
Shalendra KumarversusThe State Of Bihar and Ors
- Decided
- Disposal
- DISMISS FOR NON-PROSECUTION
- Bench
- RAJIV ROY
Holding
The petition is dismissed for non-prosecution due to the petitioner’s failure to appear or be represented.
Summary
The petitioner, Shalendra Kumar, filed a civil writ petition alleging that the State of Bihar and various officials had illegally and arbitrarily taken possession of 4.5 decimal of his raiyati land in Nawada district and constructed a road and drainage without following the procedures of the Land Acquisition Act. The petition sought relief against this alleged illegal acquisition. No counsel appeared on behalf of the petitioner, although state counsel was present. The Hon'ble Justice Rajiv Roy observed that the petition could not be proceeded with due to the absence of any representation for the petitioner. Consequently, the writ petition was dismissed for non-prosecution.
Issues considered
- What is the appropriate remedy when a petitioner fails to appear or be represented in a writ petition?
- Whether the alleged land acquisition without due process under the Land Acquisition Act warrants judicial intervention?
Legislation cited
Subjects
- land acquisition
- illegal possession
- civil writ jurisdiction
- non-prosecution
- procedural default
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.17307 of 2014
======================================================
Shalendra Kumar S/o Late Ram Chandra Prasad Choudhary Resident of
Village Bhadauni, P.O. P.S. District Nawada.
... ... Petitioner/s
Versus
1. The State Of Bihar.
2. The Chief Secretary, Government of Bihar, Patna.
3. The Principal Secretary, Disaster Management Department, Government of
Bihar, Patna.
4. The Principal Secretary, Rural and Panchayati Raj Development
Department, Government of Bihar, Patn a
5. The District Magistrate, Nawada.
6. The District Land Acquisition Officer, Nawada.
7. The Circle Officer, Nawada.
8. The Block Development Officer, Nawada.
9. Mukhiya Bhadauni Gram Panchayat at Bhabhua, P.O. P.S. District Nawada.
10. The Panchayat Sachiv, Gram Panchayat at Bhabhua, P.O. P.S. District
Nawada.
11. Naresh Kewat S/o Faggu Kewat Resident of Village Bhadauni, P.O. P.S.
District Nawada.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ramanuj Tiwary, Advocate
For the Respondent/s : Mr. Kumar Manish, SC-5
Mr. Kumar Pankaj, AC to SC-5
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 16-02-2026 No one appears on behalf of the petitioner though Mr.
Kumar Pankaj, learned State Counsel is present.
2. The present application has been preferred:
“against highly illegal, wrongful and
arbitrary action on the part of the respondents by
which without undertaking any process under the
Patna High Court CWJC No.17307 of 2014(3) dt.16-02-2026
2/2
provisions of Land acquisition Act despite protest
of the the petitioner respondents have forcibly
possessed and construction PCC Road and Nali
upon the 4.5 decimal of raiyati land of the
petitioner situated in R. S. Plot No.1562
corresponding to C.S.Plot no.877 in Mauza
Bhadauni in Nawada Block of Nawada District.”
3. Since there is no appearance, the writ petition
stands dismissed for non-prosecution.
(Rajiv Roy, J)
Adnan/-
U
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